The regulation approved by the Ministry of Justice
The Regulations are applicable on a transitional basis consistent with the provisions contained in the D. Lgs. 28/2010 as amended (Cartabia reform) and in the Ministerial Decree no. 150/2023
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Art. 1 - Application of the regulations
1. These regulations ("Regulations") apply to the mediation procedure for conciliation purposes ("Mediation") of disputes, managed by ADR Center Srl ("ADR Center", or "the Body") that the parties intend to resolve amicably.
2. ADR Center is represented by its Manager, appointed pursuant to art. 6, paragraph 1, letter e) of Ministerial Decree 150/23.
3. The Regulations apply to Mediations administered by ADR Center in relation to national disputes pursuant to Legislative Decree no. 28/10 and subsequent amendments. By agreement between ADR Center and the Parties, national and international disputes may be subject to other mediation regulations.
4. In the event of suspension or cancellation from the register of bodies responsible for managing conciliation attempts, ADR Center will inform the Parties pursuant to art. 40 of Ministerial Decree no. 150/2023, which will provide pursuant to art. 41 of Ministerial Decree no. 150/2023.
5. The provisions of these Regulations may be waived by agreement of the Parties and with the consent of the ADR Center Manager within the limits imposed by law (e.g. competence, place, duration, indemnity).
2. ADR Center is represented by its Manager, appointed pursuant to art. 6, paragraph 1, letter e) of Ministerial Decree 150/23.
3. The Regulations apply to Mediations administered by ADR Center in relation to national disputes pursuant to Legislative Decree no. 28/10 and subsequent amendments. By agreement between ADR Center and the Parties, national and international disputes may be subject to other mediation regulations.
4. In the event of suspension or cancellation from the register of bodies responsible for managing conciliation attempts, ADR Center will inform the Parties pursuant to art. 40 of Ministerial Decree no. 150/2023, which will provide pursuant to art. 41 of Ministerial Decree no. 150/2023.
5. The provisions of these Regulations may be waived by agreement of the Parties and with the consent of the ADR Center Manager within the limits imposed by law (e.g. competence, place, duration, indemnity).
Art. 2 - Initiation of mediation
1. The party who intends to initiate Mediation may file, by certified email and/or email or through a special platform available on page www.adrcenter.it, a request for mediation drawn up according to the prepared form which must necessarily contain:
the indication of the headquarters of ADR Center and the court territorially competent to hear the dispute;
the name, identification data and contact details of the parties and of their representatives, if any, and/or consultants to whom communications should be made;
any element useful for invoicing as well as the digital contact details to which all communications should be made;
the subject of the application;
the reasons for the claim;
the value of the dispute or the reasons that make its value indeterminable.
2. The request for mediation may also be submitted jointly by the Parties.
3. The procedure shall be deemed to have been initiated on the date of receipt by ADR Center of the application duly completed and signed with handwritten or digital signature by the party or by his delegate, together with the certificate of payment of the start-up and first meeting costs, in addition to the out-of-pocket expenses required.
4. In the event of several claims relating to the same dispute, mediation shall take place before the territorially competent mediation body to which the first claim was submitted, unless the parties derogate. To determine the time of the application, the date of filing is taken into account.
5. The application submitted to ADR Center, even if subsequent, can only be waived by the applicant through a specific communication by certified email. Any communications from another body or counterparty do not automatically waive the application.
the indication of the headquarters of ADR Center and the court territorially competent to hear the dispute;
the name, identification data and contact details of the parties and of their representatives, if any, and/or consultants to whom communications should be made;
any element useful for invoicing as well as the digital contact details to which all communications should be made;
the subject of the application;
the reasons for the claim;
the value of the dispute or the reasons that make its value indeterminable.
2. The request for mediation may also be submitted jointly by the Parties.
3. The procedure shall be deemed to have been initiated on the date of receipt by ADR Center of the application duly completed and signed with handwritten or digital signature by the party or by his delegate, together with the certificate of payment of the start-up and first meeting costs, in addition to the out-of-pocket expenses required.
4. In the event of several claims relating to the same dispute, mediation shall take place before the territorially competent mediation body to which the first claim was submitted, unless the parties derogate. To determine the time of the application, the date of filing is taken into account.
5. The application submitted to ADR Center, even if subsequent, can only be waived by the applicant through a specific communication by certified email. Any communications from another body or counterparty do not automatically waive the application.
Art. 3 - Duration of mediation
1. Mediation has a duration governed by art. 6 of Legislative Decree no. 28/2010.
2. This period, which is not subject to holiday suspension, runs from the date of filing of the request for mediation or from the expiry of the deadline set by the judge for filing the same.
2. This period, which is not subject to holiday suspension, runs from the date of filing of the request for mediation or from the expiry of the deadline set by the judge for filing the same.
Art. 4 - Setting the first meeting.
1. When submitting the request for mediation, the Head of ADR Center shall designate a mediator and schedule the first meeting between the parties, which must be held no earlier than twenty and no later than forty days from the filing of the request, unless otherwise indicated by the parties. The request, the designation of the mediator, the venue and time, the methods of carrying out the procedure and the date of the first meeting are communicated to the parties, by ADR Center, by any means suitable to ensure their receipt.
2. The applicant party, in addition to ADR Center, is invited to take an active part in making communications to the other party, by any suitable means, in particular in relation to the provisions of the law regarding the expiry of the limitation and forfeiture periods.
3. In cases where the parties to be invited (indicated by the applicant) are untraceable or even unknown, it is the responsibility of the applicant to provide by means of notification by public proclamation if deemed necessary by the applicant.
2. The applicant party, in addition to ADR Center, is invited to take an active part in making communications to the other party, by any suitable means, in particular in relation to the provisions of the law regarding the expiry of the limitation and forfeiture periods.
3. In cases where the parties to be invited (indicated by the applicant) are untraceable or even unknown, it is the responsibility of the applicant to provide by means of notification by public proclamation if deemed necessary by the applicant.
Art. 5 - Adherence to the first meeting.
1. The party convened is invited to communicate its adhesion promptly, indicating any useful element for invoicing as well as the digital contact details to which all communications should be made. In the absence of prior adhesion from the summoned party, ADR Center and the mediator have the right to organize the first meeting in the manner deemed most appropriate.
2. Membership shall be deemed to have been completed only after payment of the indemnity including start-up costs and mediation costs for the conduct of the first meeting. In the event of non-payment, therefore, the mediator will acknowledge the non-participation of the summoned party even if present.
3. As a rule, requests for the postponement of the first meeting must be received at least 5 working days before the date of the meeting and must be justified.
4. Requests for postponement received within the terms indicated above will be evaluated on a case-by-case basis by ADR Center, after consulting the mediator and the other parties.
Any postponements will in any case be granted no later than the term referred to in art. 6, paragraph 1, of Legislative Decree no. 28/2010 and subsequent amendments, according to the availability of ADR Center and the mediator.
5. Late requests may not be taken into consideration, except in cases of legitimate impediment due to illness or other unforeseeable event, of which evidence must be provided.
6. In any case, requests for postponement in the absence of adherence to the first meeting are not evaluated.
7. In the event of a request for an extension to third parties, to be made in writing within the first meeting, the mediator shall verify the availability of the other parties present and, in the event of an agreement, shall arrange for a further first meeting. Otherwise, the mediator acknowledges in the minutes the lack of consent to the extension. In the event of a joint request for extension to a third party, the mediator postpones the originally scheduled meeting.
8. The third party will be summoned by ADR Center to the contact details provided by the requesting party. The party who makes the request for a call against the third party must pay the costs for the convocation.
9. In the case of a deed of accession introducing a further claim or a counterclaim, the Mediator shall verify the availability of the other parties at the first meeting and, in the event of mutual agreement, shall record it in the minutes. Otherwise, the Ombudsman shall record the lack of consent in the minutes.
2. Membership shall be deemed to have been completed only after payment of the indemnity including start-up costs and mediation costs for the conduct of the first meeting. In the event of non-payment, therefore, the mediator will acknowledge the non-participation of the summoned party even if present.
3. As a rule, requests for the postponement of the first meeting must be received at least 5 working days before the date of the meeting and must be justified.
4. Requests for postponement received within the terms indicated above will be evaluated on a case-by-case basis by ADR Center, after consulting the mediator and the other parties.
Any postponements will in any case be granted no later than the term referred to in art. 6, paragraph 1, of Legislative Decree no. 28/2010 and subsequent amendments, according to the availability of ADR Center and the mediator.
5. Late requests may not be taken into consideration, except in cases of legitimate impediment due to illness or other unforeseeable event, of which evidence must be provided.
6. In any case, requests for postponement in the absence of adherence to the first meeting are not evaluated.
7. In the event of a request for an extension to third parties, to be made in writing within the first meeting, the mediator shall verify the availability of the other parties present and, in the event of an agreement, shall arrange for a further first meeting. Otherwise, the mediator acknowledges in the minutes the lack of consent to the extension. In the event of a joint request for extension to a third party, the mediator postpones the originally scheduled meeting.
8. The third party will be summoned by ADR Center to the contact details provided by the requesting party. The party who makes the request for a call against the third party must pay the costs for the convocation.
9. In the case of a deed of accession introducing a further claim or a counterclaim, the Mediator shall verify the availability of the other parties at the first meeting and, in the event of mutual agreement, shall record it in the minutes. Otherwise, the Ombudsman shall record the lack of consent in the minutes.
Article 6 - Determination of the dispute value of the conciliation agreement
1. The request for mediation shall contain an indication of its value in accordance with the criteria set out in Articles 10 to 15 of the Code of Civil Procedure. When such an indication is not possible, the application shall indicate the reasons that make its value indeterminable.
2. The deed of accession that introduces a further application shall indicate its value, which must be identified pursuant to paragraph 1 above.
3. When the application or the deed of adhesion does not contain the information referred to in paragraph 1, or the parties do not agree on its value, or the criteria referred to in paragraph 1 have been incorrectly applied, the value of the dispute shall be determined by the Head of ADR Center by means of a document communicated to the parties or to the lawyers, if appointed, by email/certified email.
4. The value of the dispute may be redetermined by the Person in charge on the instructions of the parties or on the recommendation of the mediator, when new elements of assessment or new facts are alleged by the parties during the proceedings.
5. The value of the conciliation agreement shall be determined, where necessary, on the basis of the criteria set out in paragraphs 1 to 4. When the agreement defines issues other than those considered for the determination of the value of the procedure pursuant to paragraphs 1 to 4, the ADR Center Manager determines the value thereof by notifying the parties.
2. The deed of accession that introduces a further application shall indicate its value, which must be identified pursuant to paragraph 1 above.
3. When the application or the deed of adhesion does not contain the information referred to in paragraph 1, or the parties do not agree on its value, or the criteria referred to in paragraph 1 have been incorrectly applied, the value of the dispute shall be determined by the Head of ADR Center by means of a document communicated to the parties or to the lawyers, if appointed, by email/certified email.
4. The value of the dispute may be redetermined by the Person in charge on the instructions of the parties or on the recommendation of the mediator, when new elements of assessment or new facts are alleged by the parties during the proceedings.
5. The value of the conciliation agreement shall be determined, where necessary, on the basis of the criteria set out in paragraphs 1 to 4. When the agreement defines issues other than those considered for the determination of the value of the procedure pursuant to paragraphs 1 to 4, the ADR Center Manager determines the value thereof by notifying the parties.
Art. 7 - Place of mediation
1. Mediation shall be conducted at the ADR Center locations. Alternatively, with the consent of all parties, the mediator and ADR Center, the proceedings may be held at another location deemed more suitable.
Art. 8 - List of independent mediators and their appointment
1. The list of independent mediators of ADR Center is on a national basis. On the www.adrcenter.it website you can consult the curriculum vitae of each mediator, with an indication of the offices in which they mainly work.
2. The parties may designate one or more mediators from the ADR Center list. In any case, the preferences expressed by the parties are not binding on ADR Center.
3. In the absence of an agreed indication, or when ADR Center deems it necessary to disregard the agreement of the parties, in assigning the assignment, the Manager shall first assess the nature of the dispute and, consequently, identify the necessary professional competence that appears most suitable and, in this context, the degree of competence in mediation of each mediator (taking into account the period of performance of the mediation activity, the degree of specialization, the scientific contributions written, the number of mediations carried out, the number of mediations successfully carried out). In the event of a dispute falling within areas that, according to the assessment of the Head of the Body, are to be considered of normal management, a shift criterion may be followed. If the dispute presents profiles of high difficulty (both in terms of definition in law and application of mediation techniques), the criterion of rotation between mediators of equal degree of competence will be applied.
4. In disputes requiring specific technical skills, the Processor may appoint one or more auxiliary mediators.
5. ADR Center reserves the right to make use of the structures, personnel and mediators of other bodies registered in the Register with which it has reached an agreement for this purpose, which must be communicated immediately to the Head of the Register pursuant to art. 6 of Ministerial Decree no. 150/2023 and published on its website.
2. The parties may designate one or more mediators from the ADR Center list. In any case, the preferences expressed by the parties are not binding on ADR Center.
3. In the absence of an agreed indication, or when ADR Center deems it necessary to disregard the agreement of the parties, in assigning the assignment, the Manager shall first assess the nature of the dispute and, consequently, identify the necessary professional competence that appears most suitable and, in this context, the degree of competence in mediation of each mediator (taking into account the period of performance of the mediation activity, the degree of specialization, the scientific contributions written, the number of mediations carried out, the number of mediations successfully carried out). In the event of a dispute falling within areas that, according to the assessment of the Head of the Body, are to be considered of normal management, a shift criterion may be followed. If the dispute presents profiles of high difficulty (both in terms of definition in law and application of mediation techniques), the criterion of rotation between mediators of equal degree of competence will be applied.
4. In disputes requiring specific technical skills, the Processor may appoint one or more auxiliary mediators.
5. ADR Center reserves the right to make use of the structures, personnel and mediators of other bodies registered in the Register with which it has reached an agreement for this purpose, which must be communicated immediately to the Head of the Register pursuant to art. 6 of Ministerial Decree no. 150/2023 and published on its website.
Art. 9 - Independence, impartiality and substitution of the ombudsman
1. Before the start of the mediation meeting, the appointed mediator shall be required to sign a declaration of independence and impartiality drawn up in accordance with the formulas and commitments set out in Annex B, with explicit reference to the Code of Ethics inspired by the European Code of Conduct for Mediators.
2. The mediator must not find himself in some of the situations of incompatibility provided for by the code of ethics referred to in Annex C and, where relevant, by the codes of ethics to which he belongs.
3. The mediator must immediately inform the Head of ADR Center and the parties of all the circumstances, which emerged during the procedure, that may affect his independence and impartiality.
4. In this case, as in any other case of objective impediment or supervening impossibility to carry out the assignment, and in all cases in which he deems it necessary, the Head of ADR Center will immediately replace the list with another mediator, always taking into account the appointment criteria referred to in Article 8 above.
5. The Parties may ask the Head of ADR Center to replace the appointed mediator when, during the procedure, circumstances emerge that may affect his independence and impartiality or when the cases referred to in art. 51 c.p.c.
6. If Mediation is carried out by the Head of ADR Center, the most senior mediator among those on the ADR Center list decides on the replacement.
2. The mediator must not find himself in some of the situations of incompatibility provided for by the code of ethics referred to in Annex C and, where relevant, by the codes of ethics to which he belongs.
3. The mediator must immediately inform the Head of ADR Center and the parties of all the circumstances, which emerged during the procedure, that may affect his independence and impartiality.
4. In this case, as in any other case of objective impediment or supervening impossibility to carry out the assignment, and in all cases in which he deems it necessary, the Head of ADR Center will immediately replace the list with another mediator, always taking into account the appointment criteria referred to in Article 8 above.
5. The Parties may ask the Head of ADR Center to replace the appointed mediator when, during the procedure, circumstances emerge that may affect his independence and impartiality or when the cases referred to in art. 51 c.p.c.
6. If Mediation is carried out by the Head of ADR Center, the most senior mediator among those on the ADR Center list decides on the replacement.
Article 10 - Attendance of the parties, representation and assistance
1. Pursuant to art. 8 of Legislative Decree 28/2010, the parties personally participate in the mediation procedure. If there are justified reasons, they may delegate a representative who is aware of the facts and has the necessary powers to settle the dispute.
2. Persons other than natural persons shall participate in the mediation procedure by making use of representatives or delegates who are aware of the facts and have the necessary powers to settle the dispute. Where necessary, the mediator asks the parties to declare their powers of representation and records them in the minutes.
3. In the cases provided for in Article 5, paragraph 1, of Legislative Decree no. 28/2010 and when mediation is mandated by the judge, the parties shall be assisted by their respective lawyers. If the party participates without legal assistance, the mediator will record this in the minutes.
4. In consumer mediation and so-called voluntary mediation, the parties may participate even without legal assistance. In any case, legal assistance is governed by legal regulations.
5. However, lawyers may intervene to assist the parties in the final moment of the mediation agreement, also in order to sign its content and certify its compliance with mandatory rules and public order, pursuant to and for the purposes of art. 12 of Legislative Decree no. 28/2010 and subsequent amendments.
2. Persons other than natural persons shall participate in the mediation procedure by making use of representatives or delegates who are aware of the facts and have the necessary powers to settle the dispute. Where necessary, the mediator asks the parties to declare their powers of representation and records them in the minutes.
3. In the cases provided for in Article 5, paragraph 1, of Legislative Decree no. 28/2010 and when mediation is mandated by the judge, the parties shall be assisted by their respective lawyers. If the party participates without legal assistance, the mediator will record this in the minutes.
4. In consumer mediation and so-called voluntary mediation, the parties may participate even without legal assistance. In any case, legal assistance is governed by legal regulations.
5. However, lawyers may intervene to assist the parties in the final moment of the mediation agreement, also in order to sign its content and certify its compliance with mandatory rules and public order, pursuant to and for the purposes of art. 12 of Legislative Decree no. 28/2010 and subsequent amendments.
Art. 11 - The first meeting
1. The mediator shall be free to conduct mediation meetings in the manner and manner and techniques deemed most appropriate by joint sessions and separate sessions, including telematic sessions, taking into account the circumstances of the case, the will of the parties and the need to find a rapid solution to the dispute. The mediator does not have the power to impose any solution on the parties.
2. The time allocated to the first mediation meeting may not be less than two hours and may be extended within the same day if the following conditions are met: particular complexity of the disputed issues, significant number of parties, concrete possibility of the successful outcome of the mediation procedure.
3. At the first meeting, the mediator shall explain the function and methods of carrying out the mediation, and shall endeavour to ensure that the parties reach a conciliation agreement. The parties and the lawyers assisting them cooperate in good faith and loyally in order to carry out an effective confrontation on the disputed issues.
4. If the parties decide to terminate the conciliation attempt during the first meeting, the proceedings shall end with a negative outcome. The mediator shall draw up minutes of the first meeting signed by all parties to the procedure.
5. The mediator shall only record the statements of the parties regarding the possibility of continuing the procedure with meetings subsequent to the first. No further minutes can be entered without the consent of all parties and the mediator. 6. In the cases referred to in Article 5, paragraph 1, and 5-quarter of Legislative Decree no. 28/2010, the mediator shall hold the first meeting with the applicant party even if the party called to mediation does not agree.
2. The time allocated to the first mediation meeting may not be less than two hours and may be extended within the same day if the following conditions are met: particular complexity of the disputed issues, significant number of parties, concrete possibility of the successful outcome of the mediation procedure.
3. At the first meeting, the mediator shall explain the function and methods of carrying out the mediation, and shall endeavour to ensure that the parties reach a conciliation agreement. The parties and the lawyers assisting them cooperate in good faith and loyally in order to carry out an effective confrontation on the disputed issues.
4. If the parties decide to terminate the conciliation attempt during the first meeting, the proceedings shall end with a negative outcome. The mediator shall draw up minutes of the first meeting signed by all parties to the procedure.
5. The mediator shall only record the statements of the parties regarding the possibility of continuing the procedure with meetings subsequent to the first. No further minutes can be entered without the consent of all parties and the mediator. 6. In the cases referred to in Article 5, paragraph 1, and 5-quarter of Legislative Decree no. 28/2010, the mediator shall hold the first meeting with the applicant party even if the party called to mediation does not agree.
Art. 12 - Follow-up meetings
1. At the end of the first meeting, if the parties wish to continue the procedure with subsequent meetings, they undertake to pay the additional mediation costs due pursuant to these Regulations. In this case, the mediation procedure continues in subsequent meetings based on the availability of all parties, ADR Center and the mediator. In any case, the mediation fees must be paid before the next meeting and are due regardless of the outcome of the procedure.
2. Any requests for postponement of meetings subsequent to the first meeting must be received, upon payment of the mediation fees due, at least 5 working days prior to the date of the meeting and must be justified. Late requests cannot be taken into consideration, except in cases of legitimate impediment due to illness or other unforeseeable event, of which evidence must be provided. In the event of a request for postponement by only one of the parties or if there is disagreement between the parties on the request for postponement, ADR Center reserves the right, after consulting the mediator, to set the new date.
3. The mediator may update the Mediation so that the parties can analyse specific proposals, collect new information, prepare documents that may be necessary to acquire or for any other reason deemed suitable to facilitate conciliation.
4. In disputes requiring specific technical skills, with the prior consent of the parties, the mediator may make use of experts registered in the registers of consultants at the courts. Their fee, which is entirely borne by the parties, is determined according to professional rates, if any, or otherwise agreed with the parties and must be paid in full before the delivery of the advice. The Parties, at the time of the appointment of the expert, may agree that the report will be produced in any trial.
5. At the discretion of ADR Center, they may be admitted to attend the mediation meetings of the trainees. The trainee is required to sign a declaration of commitment to confidentiality with respect to the procedure. The internship is also allowed in mediations that take place entirely electronically.
6. The Parties shall have the right of access to the documents of the Mediation procedure filed in joint session and each Party shall have the right of access to the documents filed in their respective separate sessions. The documents are kept by ADR Center in a special file, including virtual, registered and numbered, for a period of three years starting from the conclusion of the procedure.
The procedure file consists of the request for mediation, the acceptance of the defendant, any non-confidential documents filed by the parties during the procedure, and the final minutes. The file does not contain communications between the parties and between the parties or any pleadings reserved to the mediator.
7. It is the responsibility of the party to clearly indicate the documents that he wishes to keep confidential for the mediator only. In any case, the deeds of adhesion and powers of attorney produced in mediation are not to be considered confidential. Each party may request, by means of a request indicating the reason for which the request is made, access to the documents either by visual examination of the documents or by issuing copies of the documents, including on electronic support. In this case, the release of a copy may be subject to the payment of a reproduction/scanning fee.
8. Confidential communications by the parties to the mediator alone shall not be permitted, except for those made during separate sessions, unless otherwise agreed between the parties and the mediator.
2. Any requests for postponement of meetings subsequent to the first meeting must be received, upon payment of the mediation fees due, at least 5 working days prior to the date of the meeting and must be justified. Late requests cannot be taken into consideration, except in cases of legitimate impediment due to illness or other unforeseeable event, of which evidence must be provided. In the event of a request for postponement by only one of the parties or if there is disagreement between the parties on the request for postponement, ADR Center reserves the right, after consulting the mediator, to set the new date.
3. The mediator may update the Mediation so that the parties can analyse specific proposals, collect new information, prepare documents that may be necessary to acquire or for any other reason deemed suitable to facilitate conciliation.
4. In disputes requiring specific technical skills, with the prior consent of the parties, the mediator may make use of experts registered in the registers of consultants at the courts. Their fee, which is entirely borne by the parties, is determined according to professional rates, if any, or otherwise agreed with the parties and must be paid in full before the delivery of the advice. The Parties, at the time of the appointment of the expert, may agree that the report will be produced in any trial.
5. At the discretion of ADR Center, they may be admitted to attend the mediation meetings of the trainees. The trainee is required to sign a declaration of commitment to confidentiality with respect to the procedure. The internship is also allowed in mediations that take place entirely electronically.
6. The Parties shall have the right of access to the documents of the Mediation procedure filed in joint session and each Party shall have the right of access to the documents filed in their respective separate sessions. The documents are kept by ADR Center in a special file, including virtual, registered and numbered, for a period of three years starting from the conclusion of the procedure.
The procedure file consists of the request for mediation, the acceptance of the defendant, any non-confidential documents filed by the parties during the procedure, and the final minutes. The file does not contain communications between the parties and between the parties or any pleadings reserved to the mediator.
7. It is the responsibility of the party to clearly indicate the documents that he wishes to keep confidential for the mediator only. In any case, the deeds of adhesion and powers of attorney produced in mediation are not to be considered confidential. Each party may request, by means of a request indicating the reason for which the request is made, access to the documents either by visual examination of the documents or by issuing copies of the documents, including on electronic support. In this case, the release of a copy may be subject to the payment of a reproduction/scanning fee.
8. Confidential communications by the parties to the mediator alone shall not be permitted, except for those made during separate sessions, unless otherwise agreed between the parties and the mediator.
Article 13 - Proposal of the mediator
1. When agreement is not reached, the mediator may formulate a proposal for conciliation, to be attached to the minutes. In any case, the mediator shall make a proposal for conciliation if the parties agree to do so at any time during the proceedings. Before the proposal is formulated, the mediator informs the parties of the possible consequences referred to in Article 13 of Legislative Decree no. 28/2010
2. The proposal for conciliation shall be communicated to the parties in writing. The parties shall send the mediator, in writing and within seven days of the communication or within the longer period indicated by the mediator, of the acceptance or rejection of the proposal. In the absence of a response within the deadline, the proposal is considered rejected. Unless otherwise agreed by the parties, the proposal may not contain any reference to the statements made or information acquired in the course of the proceedings.
3. In the event that the mediator's proposal is not accepted, even by one of the parties, the report of non-conciliation shall be issued fifteen days after the expiry of the term for acceptance or from the last communication of non-acceptance.
2. The proposal for conciliation shall be communicated to the parties in writing. The parties shall send the mediator, in writing and within seven days of the communication or within the longer period indicated by the mediator, of the acceptance or rejection of the proposal. In the absence of a response within the deadline, the proposal is considered rejected. Unless otherwise agreed by the parties, the proposal may not contain any reference to the statements made or information acquired in the course of the proceedings.
3. In the event that the mediator's proposal is not accepted, even by one of the parties, the report of non-conciliation shall be issued fifteen days after the expiry of the term for acceptance or from the last communication of non-acceptance.
Article 14 - Conclusion of mediation
1. Mediation shall be deemed to have been concluded when:
the parties have reconciled the dispute;
the parties, or one of them, communicate the impossibility of reconciling the dispute;
the terms referred to in art. 6 of Legislative Decree no. 28/2010, unless otherwise agreed by the parties with the mediator and ADR Center;
the Ombudsman considers that the conditions are not in place to continue the procedure effectively;
the applicant party or the parties jointly communicate the waiver or abandonment of the procedure.
2. If a conciliation agreement is reached, the mediator shall draw up minutes to which the text of the agreement shall be annexed. The conciliation agreement shall contain an indication of the value of the conciliation agreement.
3. The final minutes of the mediation, containing any agreement, shall be signed by the parties, their lawyers and the mediator, who shall certify that the signature of the parties has been signed or that they are unable to sign and, without delay, shall arrange for it to be deposited with the secretariat of the Body. In the minutes, the mediator acknowledges the presence of those who participated in the meetings and of the parties who, although regularly invited, remained absent.
4. The minutes containing any conciliation agreement shall be drawn up in digital format or, if in analogue format, in as many originals as there are parties participating in the mediation, as well as an original for filing with the Body.
5. A copy of the minutes containing any agreement filed with the ADR Center secretariat shall be issued to the parties who request it, subject to payment of the mediation fees due.
6. The tax charges deriving from the agreement reached shall be the responsibility of the parties.
the parties have reconciled the dispute;
the parties, or one of them, communicate the impossibility of reconciling the dispute;
the terms referred to in art. 6 of Legislative Decree no. 28/2010, unless otherwise agreed by the parties with the mediator and ADR Center;
the Ombudsman considers that the conditions are not in place to continue the procedure effectively;
the applicant party or the parties jointly communicate the waiver or abandonment of the procedure.
2. If a conciliation agreement is reached, the mediator shall draw up minutes to which the text of the agreement shall be annexed. The conciliation agreement shall contain an indication of the value of the conciliation agreement.
3. The final minutes of the mediation, containing any agreement, shall be signed by the parties, their lawyers and the mediator, who shall certify that the signature of the parties has been signed or that they are unable to sign and, without delay, shall arrange for it to be deposited with the secretariat of the Body. In the minutes, the mediator acknowledges the presence of those who participated in the meetings and of the parties who, although regularly invited, remained absent.
4. The minutes containing any conciliation agreement shall be drawn up in digital format or, if in analogue format, in as many originals as there are parties participating in the mediation, as well as an original for filing with the Body.
5. A copy of the minutes containing any agreement filed with the ADR Center secretariat shall be issued to the parties who request it, subject to payment of the mediation fees due.
6. The tax charges deriving from the agreement reached shall be the responsibility of the parties.
Article 15 - Confidentiality
1. All information acquired in any way during the Mediation is confidential.
2. The mediator, the trainee and all those who provide their service within ADR Center may not be obliged to report information or facts learned during the Mediation, to testify or in any case to produce evidence concerning the Mediation in any judicial, arbitration or other proceedings.
3. The parties and any other person participating in the Mediation – including lawyers and any consultants – are required to maintain the strictest confidentiality and not to rely on, or present as evidence in any arbitral, judicial or other proceedings:
opinions expressed, suggestions or offers made by the opposing party, or by the mediator;
admissions made by the other party;
the circumstance that one of the parties has or has not indicated the willingness to accept a proposal for the solution of the dispute made by the other party or by the mediator.
4. The obligation of confidentiality shall not apply if, and to the extent that:
all parties agree to waive it;
there is a different legal obligation to be assessed on a case-by-case basis;
there is a real danger of harm to a person's life or health;
there is a real danger of criminal prosecution in the event of compliance with the obligation.
5. Any evidence or source of evidence does not become inadmissible because of its use in the context of Mediation.
2. The mediator, the trainee and all those who provide their service within ADR Center may not be obliged to report information or facts learned during the Mediation, to testify or in any case to produce evidence concerning the Mediation in any judicial, arbitration or other proceedings.
3. The parties and any other person participating in the Mediation – including lawyers and any consultants – are required to maintain the strictest confidentiality and not to rely on, or present as evidence in any arbitral, judicial or other proceedings:
opinions expressed, suggestions or offers made by the opposing party, or by the mediator;
admissions made by the other party;
the circumstance that one of the parties has or has not indicated the willingness to accept a proposal for the solution of the dispute made by the other party or by the mediator.
4. The obligation of confidentiality shall not apply if, and to the extent that:
all parties agree to waive it;
there is a different legal obligation to be assessed on a case-by-case basis;
there is a real danger of harm to a person's life or health;
there is a real danger of criminal prosecution in the event of compliance with the obligation.
5. Any evidence or source of evidence does not become inadmissible because of its use in the context of Mediation.
Article 16 - Allowances
1. The indemnities to be paid by each party on the basis of the value indicated in the application, possibly modified by ADR Center during the first meeting or subsequently pursuant to art. 6, which also includes the mediator's remuneration, are those in force at the time of the initiation of the procedure, as per the table attached to these Regulations.
2. The criteria for determining the indemnities are regulated according to the table attached to these Regulations. The additional costs of mediation are payable jointly and severally by each party who has joined the proceedings.
3. For the first meeting, the parties are required to pay an amount by way of indemnity, in addition to out-of-pocket expenses. The allowance includes the costs of initiating the mediation procedure and the mediation costs of the first meeting. If the request for mediation is submitted by more than one party, even if they constitute a single centre of interest, the start-up costs are payable by each of them.
4. Out-of-pocket expenses, other than start-up costs, consisting of documented disbursements made by ADR Center for the summoning of the parties, for the digital signing of minutes and agreements when the party does not have its own digital signature, and for the issue of copies of documents, shall also be due and paid.
5. When the first meeting ends without conciliation and the procedure does not continue with subsequent meetings, only the amounts referred to in paragraphs 3 and 4 of this article shall be due.
6. In the event of conciliation at the first meeting, the additional mediation costs indicated in the table attached to these Regulations are due, where the amounts due for the first meeting are to be deducted, in addition to an increase of ten percent.
7. In the event of conciliation in meetings subsequent to the first, the additional mediation costs indicated in Table B attached to these Regulations are due, where the amounts due for the first meeting are to be deducted, in addition to an increase of twenty-five percent.
8. When the proceedings continue with meetings subsequent to the first and end without conciliation, the additional mediation costs indicated in Table B attached to these Regulations are due, where the amounts due for the first meeting are to be deducted.
9. All amounts due must be paid at the end of the meeting or before the meetings following the first and are a necessary condition for the delivery of the final mediation report. For the purposes of identifying the parties required to pay mediation costs other than start-up costs, when several parties represent a single centre of interests, the Head of ADR Center considers them as a single party.
10. When mediation is a condition for the admissibility of the legal claim pursuant to Article 5, paragraph 1, of Legislative Decree 28/2010, the Body shall not be entitled to any indemnity from the party admitted to legal aid. The party who intends to take advantage of legal aid must produce, together with the request for mediation, the early admission order pursuant to art. 15-quarter and 15-quinquies and 15-septies of Legislative Decree 28/2010 and subsequent amendments, or the application for admission duly filed with the competent Bar Council. The admission order must in any case be produced before the conclusion of the mediation procedure, together with the confirmation measure. In any case, documented expenses are due (e.g. convocation costs, expenses for the digital signing of minutes and agreements).
2. The criteria for determining the indemnities are regulated according to the table attached to these Regulations. The additional costs of mediation are payable jointly and severally by each party who has joined the proceedings.
3. For the first meeting, the parties are required to pay an amount by way of indemnity, in addition to out-of-pocket expenses. The allowance includes the costs of initiating the mediation procedure and the mediation costs of the first meeting. If the request for mediation is submitted by more than one party, even if they constitute a single centre of interest, the start-up costs are payable by each of them.
4. Out-of-pocket expenses, other than start-up costs, consisting of documented disbursements made by ADR Center for the summoning of the parties, for the digital signing of minutes and agreements when the party does not have its own digital signature, and for the issue of copies of documents, shall also be due and paid.
5. When the first meeting ends without conciliation and the procedure does not continue with subsequent meetings, only the amounts referred to in paragraphs 3 and 4 of this article shall be due.
6. In the event of conciliation at the first meeting, the additional mediation costs indicated in the table attached to these Regulations are due, where the amounts due for the first meeting are to be deducted, in addition to an increase of ten percent.
7. In the event of conciliation in meetings subsequent to the first, the additional mediation costs indicated in Table B attached to these Regulations are due, where the amounts due for the first meeting are to be deducted, in addition to an increase of twenty-five percent.
8. When the proceedings continue with meetings subsequent to the first and end without conciliation, the additional mediation costs indicated in Table B attached to these Regulations are due, where the amounts due for the first meeting are to be deducted.
9. All amounts due must be paid at the end of the meeting or before the meetings following the first and are a necessary condition for the delivery of the final mediation report. For the purposes of identifying the parties required to pay mediation costs other than start-up costs, when several parties represent a single centre of interests, the Head of ADR Center considers them as a single party.
10. When mediation is a condition for the admissibility of the legal claim pursuant to Article 5, paragraph 1, of Legislative Decree 28/2010, the Body shall not be entitled to any indemnity from the party admitted to legal aid. The party who intends to take advantage of legal aid must produce, together with the request for mediation, the early admission order pursuant to art. 15-quarter and 15-quinquies and 15-septies of Legislative Decree 28/2010 and subsequent amendments, or the application for admission duly filed with the competent Bar Council. The admission order must in any case be produced before the conclusion of the mediation procedure, together with the confirmation measure. In any case, documented expenses are due (e.g. convocation costs, expenses for the digital signing of minutes and agreements).
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